Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report. It also notes the communication of the Employment Act (Cap 69) Employment (National Minimum Wage) (Exemption) Order, 2008and the Employment Act (Cap 69) Regulations, 2007. It would be grateful if the Government would communicate further information and documentation relating to the following issues.

Legislation. Noting that, according to the Government, the legal texts listed in the report have been amended to ensure better compliance and to cope with the existing development taking place at the national level, the Committee requests it to send a copy of the amended texts.

Articles 2 and 23 of the Convention. Scope of the labour inspection system. The Government is requested to indicate which categories of industrial and commercial workplaces are liable to labour inspection and to provide a copy of any legal provision adopted in this respect.

Article 3, paragraph 1, Articles 12, 13, 17 and 18. Duties and powers entrusted to labour inspectors. Noting the information provided by the Government under Article 3, the Committee would be grateful if the Government would provide a copy of the legal provisions investing labour inspectors with right of access to workplaces, investigation and injunction powers relating to occupational safety and health (Articles 12 and 13), as well as those relative to wages, hours of work and any other matter covered by the Convention (Articles 12 and 17).

Also noting the information provided by the Government on the penalties to be imposed in case of failure to comply with instructions given by an inspector, the Committee requests it to describe the manner in which it is also ensured that persons who violate legal provisions relating to conditions of work and the protection of workers while engaged in their work or obstruct labour inspectors in the performance of their duties are liable to prompt legal proceedings and that appropriate penalties are imposed on them and effectively enforced (Articles 17 and 18). The Committee requests the Government to provide related legal provisions and relevant available data. It also requests it to send a copy of the document entitled “Role and function of the section” which was referred to by the Government but not attached to the report.

Articles 4, 5 and 9. Joint labour/safety and health inspection visits and collaboration of the social partners in the work of the labour inspectorate. Noting that joint labour/safety and health visits are conducted and that different ministries participate therein, the Committee requests the Government to describe the manner in which such visits are initiated, prepared, conducted and followed up.

Also noting the information on Occupational Safety Board tripartite meetings, it would be grateful if the Government would provide particulars on the composition, the work and the results thereof.

Articles 6 and 15. Status of the labour inspection staff and obligations imposed on them. The Committee requests the Government to provide the legal provisions relating to the status of the labour inspectors and to indicate if and how effect has been given to each of the provisions of Article 15.

Articles 8 and 10. Numbers and gender balance of the labour inspection staff. The Committee notes the equal number of male and female inspectors (three of each). It requests the Government to indicate whether any specific missions are preferably entrusted to women inspectors, for example in workplaces employing mostly female workforce.

Article 11, paragraphs 1(b) and 2. Transport facilities and reimbursement of travelling and incidental expenses. According to the Government, transport is provided to labour inspectors to travel to the outer and inner islands and they are entertained with mail allowance. The Committee requests the Government to describe the manner in which transport facilities and reimbursement of the expenses are granted, in practice, to the labour inspectors for the performance of their duties and to communicate a copy of any relevant legal provision and form.

Articles 10 and 16. Frequency and thoroughness of inspection visits. According to the Government’s report, under Article 11, inspection visits are conducted at least once a year. It is also indicated under Article 16 that an inspection schedule/programme is drafted every week to ensure frequency of inspection visits in respect of occupational safety and health. The Committee would be grateful if the Government would give further details on the programming of labour inspection visits in respect of other matters, such as hours of work, wages, social security, and the performance of visits carried out as a  consequence of a complaint or an industrial accident. It also requests it to indicate whether a register on workplaces liable to inspection has been established and updated on a regular basis for this purpose. 

Articles 19, 20 and 21. Reports on the work of the labour inspectorates. The Committee notes that the Government has not sent copies of the reports indicated as attached to its report. It draws the Government’s attention to the obligations set up by the abovementioned provisions of the Convention and requests it to ensure that labour inspectors submit to the central inspection authority periodical reports on the results of their inspection activities (Article 19(1) and (2)) and that an annual general report on the work of the inspection services report is published and a copy thereof communicated to the ILO (Articles 20 and 21).